Are their unique issues in a same-sex custody case?

In a same-sex custody case, non-biological parents may face problems regarding their status as the child’s legal parent. If the non-biological parent did not adopt the child, then legally this may affect his or her status as the child’s parent and could be detrimental to any push to obtain custody rights.

Meanwhile, gay and lesbian parents in custody battles with non-gay and non-lesbian parents may be at a disadvantage, too. While some states have laws in place that prevent courts from considering a parent’s sexual orientation in a case to determine child custody and visitation rights, Texas is not one of them.

While courts are instructed to consider the best interests of the child, Texas does not have a law indicating that this must be done without considering sexual orientation.

Progress on Same-Sex Custody in Texas

In Hackett v. Ferris, a recent same-sex custody case in Dallas, a lesbian woman was granted the legal standing to fight for custody of her non-biological daughter following the dissolution of her relationship with the child’s mother. While the woman ultimately was unsuccessful, the case did pave the way to allow other non-biological gay and lesbian parents in Texas to seek child custody and visitation rights.

Though there are no guarantees for the outcome of a same-sex custody case, a parent could increase his or her chances of getting custodial rights by legally adopting the child. This gives legal recognition of parental rights, even if the individual is not the child’s biological parent.

Legal Help with a Same-Sex Custody Case

If you’re a gay or lesbian parent going through a custody battle with your former partner, you could have a difficult road ahead of you. Call (888) 584-9614 to speak to a Plano child custody attorney at Warren & Migliaccio to learn more about earning child custody and visitation rights in a same-sex custody case.

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We worked with Chris and other staff. Chris from the start really worked with us as we were unsure what to do next and what was the best option for us. Chris spent a great deal of time with me on the phone, over email as well as meeting with my husband and I in his office. It can be scary to have the unknowns as we did and he really helped. When dealing with things you just don't know about you have to find someone you can trust to lean on and let them handle it; you can't be an expert on everything. The staff were so helpful and there was never a question on what we needed to get them or needed to do during the process. We were prepared 100% for what was to come and even months after the staff was quick to follow up to make sure that we did not have any questions or have anyone contacting us. They even helped figure out the 'what next' and 'where to go from here' that comes up. I would recommend them to anyone finding themselves facing financial struggle and trying to decide what to do. They give a free consultation over the phone or in the office; worth the call to find out your options.

I recommend Warren and Migliaccio to anyone who like myself, had no idea of what to do next. They were open and honest to me about my bankruptcy. They took time and explained the whole process to me beforehand. I was treated I'm sure, as their more prominent clients even though I'm a single senior with a limited income. They helped me maintain my dignity and I'm sure my sanity too.

I would strongly recommend anyone needing a family law attorney use this office. The staff is so friendly, helpful, and knowledgeable. Gary Warren and Ryan Bauerle were the ones that helped me with a very rough child custody case and they were absolutely amazing. They are very nice guys but they will fight for you!!! I am truly happy that I used them for the case, I could not have asked for a better attorney! Ryan helped me and my husband so much and explained everything so well to us! I can't thank them enough for all they did for me and my family! So anyone please take my advice, if you need a family law attorney give Ryan a call!!!

Everyone in this attorney's office was wonderful! We had one matter that we needed assistance with last year, but they were not able to assist us with it, however Christopher Migliaccio was kind enough to provide us with a list of attorneys who would be able to help. Over the last couple of weeks, we decided to update our wills and powers of attorney and it could not have been any easier to do. They made it so we only had to make one trip to their office to take care of everything. If we need anything else, I would be most happy to do business with them again!